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How to stay cool in the deposition hot seat

Insurance adjusters are often called on to participate in depositions when a claim is being litigated. Do you know what to do?

Rear view of businessman in empty conference room Adjusters who are accustomed to attending depositions in an attorney’s conference room will find a different experience when the deposition is virtual. (Photo: Shutterstock/Wavebreak)

For claims professionals, their jobs would be so much easier if every claim settled for the amount offered or if the policyholder agreed with the final decision on the claim. But the reality is that many claims are contested by policyholders, and adjusters are called on to justify their decisions regarding whether a claim is covered by a policy and what the amount of the loss is. When those claims escalate to litigation, adjusters may be required to participate in depositions, that is, the taking and recording of testimony of a witness under oath before a court reporter in a place away from the courtroom before trial.

Depositions are an important part of the pre-trial discovery process, set up by an attorney for one of the parties to a lawsuit demanding the sworn testimony of the opposing party (defendant or plaintiff), a witness to an event, or an expert intended to be called at trial by the opposition. For claims professionals who have never been deposed, the first time can be nerve-wracking.

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Rosalie Donlon

Rosalie Donlon

Rosalie Donlon is the editor in chief of ALM's insurance and tax publications, including NU Property & Casualty magazine and NU PropertyCasualty360.com. You can contact her at [email protected].

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